Yogaraj vs State Of Tami Nadu

T.V.Thamilselvi, J

The petitioner who was arrested and remanded to judicial custody on 09.12.2022 for the offences punishable under Sections 8(c), read with Section 20(b)(ii)(C) of NDPS Act 1985 in Crime No.490 of 2022 on the file of the respondent police seeks bail.

The case of the prosecution is that on the date of occurrence, based on secret information, the respondent police went to scene of occurrence and found A1 and A2 with illegal possession of 44 kgs of ganja and based on their confession statement, this petitioner was implicated in this case. Hence the complaint.

The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute some amount to any Charitable Purpose as may be directed by this Court. He also submits that the petitioner has been suffering incarceration from 09.12.2022 and there is no recovery from this petitioner. Hence, he seeks to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) submitted that on the date of occurrence, based on secret information, the respondent police went to scene of occurrence and found the A1 and A2 with illegal possession of 44 kgs of ganja and based on their confession statement, this petitioner was implicated in this case. He further submits that there is no recovery from this petitioner and there is no previous case against this petitioner. However, he vehemently opposed to grant bail to the petitioner.

Considering the facts and circumstances of the case, there is no recovery from this petitioner, the investigation in this case is almost completed, the period of incarceration undergone by the petitioner from 09.12.2022 and the petitioner has willfully and on his own volition agreed to contribute some amount for charitable purpose, this court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) as non-refundable deposit to the credit of Registered Advocates Clerks Association, Salem and on such deposit, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, for a like sum to the satisfaction of the learned Principal Special Court under EC & NDPS Act, Chennai and on further conditions that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police Tuesday and Saturday at 10.30 a.m., for a period of eight weeks;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f )if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;